Insertions of new sections 52(A), 52(B) and 52(C)

5. After section 52 of the Principal Act, the following new sections 52 (A), 52(B) and 52(C) shall be inserted, namely:-

“52(A).

1. (1) Any person aggrieved by an order of confiscation may within thirty days of the order, or if the fact of such order of confiscation has not been communicated to him, within thirty days of the date of knowledge of such order, prefer an appeal in writing, accompanied by such fee payable in such form as may be prescribed, along with the certified copy of the order of confiscation to the Conservator of Forests (hereinafter referred to as Appellate Authority) having jurisdiction over the area in which the forest produce has been seized. Explanation: The time requisite for obtaining certified copy of the order of confiscation shall be excluded while computing period of thirty days referred to in this sub section.
2. (2) The Appellate Authority referred to in sub-section
3. (1) may, where no appeal has been preferred before him, "suo-motu" within thirty days of the date of receipt of copy of confiscation by him, and shall on presentation of memorandum of appeal, issue a notice for hearing of appeal or as the case may be, of "suo motu" action, to the officer effecting the seizure and/ or to any other person (including appellant, if any) who in the opinion of the Appellate Authority, is likely to be adversely affected by the order of the confiscation, and may call for the records of the case: Provided that no formal notice of appeal need to be issued to such amongst the appellant, officer effecting the seizure and other person likely to be adversely affected as aforesaid as may waive the notice or as may be informed in any other manner of the date of hearing of the appeal by the Appellate Authority.
4. (3) The Appellate Authority shall send intimation in writing of lodging of appeal or about suo motu action to the authorized officer.
5. (4) The Appellate Authority may pass such order of interim nature for custody, preservation or disposal (if necessary) of the subject matter of confiscation as may appear to be just or proper in the circumstances of the case.
6. (5) The Appellate Authority, having regard to the nature of the case or the complexities involved, may permit the appellant to be represented by his legal practitioners.
7. (6) On the date fixed for hearing of appeal or "suo motu" action, or on such date to which the hearing may be adjourned, the Appellate Authority shall peruse the record and hear the parties to the appeal if present in person, or through any agent duly authorised in writing or through a legal practitioner, and shall thereafter proceed to pass an order of confirmation, reversal or modification of order of confiscation: Provided that before passing any final order the Appellate Authority may if considered necessary for proper disposal of the appeal or for disposal of "suo motu" action, make further inquiry or cause it to be made by the authorized officer, and may also allow parties to file affidavits for asserting or refuting any fact that may arise for consideration and may allow proof of facts by affidavits.
8. (7) The Appellate Authority may also pass such orders of consequential nature, as it may deem necessary.
9. (8) Copy of final order or order of consequential nature shall be sent to the authorized officer for compliance or for passing any other appropriate order in conformity with the order of the Appellate Authority. 52(B).
10. (1) Any party to the appeal, aggrieved by the final order or by order of consequential nature passed by the Appellate Authority, may within thirty days of the order sought to be impugned, submit a petition for revision in the Court of Sessions Judge whereof the headquarters of the Appellate Authority situate. Explanation: In computing the period of thirty days under this sub-section, the time requisite for obtaining certified copy of the order of Appellate Authority shall be excluded.
11. (2) The Court of Sessions Judge may confirm, reverse or modify any final order or any order of consequential nature passed by the Appellate Authority.
12. (3) Copies of the order passed in revision shall be sent to the Appellate Authority and to the authorized officer for compliance or for passing such further orders or for taking such further action as may be directed by such Court.
13. (4) For entertaining, hearing and deciding a revision under this Section, the Court of Sessions Judge shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973.
14. (5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, the order of the Court of Sessions passed under this section shall be final. 52(C). On receipt of intimation under sub section
15. (4) of section 52 about initiation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is the subject matter of confiscation has been made, no court, tribunal or Authority (other than the authorized officer, Appellate Authority and Court of Sessions referred to in sections 52, 52(A) and 52(B)) shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation initiated under section 52, notwithstanding anything to the contrary in this act or any other law for the time being in force. Explanation: Where under any law for the time being in force, two or more Courts have jurisdiction to try forest offence, then receipt of intimation under sub-section
16. (4) of section 52 by one of the Courts of Magistrate having such jurisdiction shall be construed to be receipt of intimation under that provision by all courts and the bars to exercise jurisdiction shall operate on all such Courts.”